Allahabad High Court
Mohabbatullah @ Chhotey vs State Of U.P. Thru. Its Prin. Secy. ... on 20 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:47555
Court No. - 28
Case :- APPLICATION U/S 482 No. - 6928 of 2023
Applicant :- Mohabbatullah @ Chhotey
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others
Counsel for Applicant :- Afaq Zaki Khan
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
1. Syed Amir Hasan, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party nos. 2 and 3 and the same is taken on record.
2. HeardAfaq Zaki Khan, learned counsel for the applicant, Sri B.N. Nishad, learned A.G.A. for the State,Syed Amir Hasan, learned counsel for the opposite party nos. 2 and 3 and perused the record.
3. By means of the instant application, the applicant has prayed to quash the impugned criminal proceeding of Case No. 8867 of 2018 relating to Charge Sheet No. 181 of 2002 U/s 363, 366 I.P.C. arising out of Case Crime No. C-6/2002 State Vs. Mohabbatullah pending in the court of A.C.J.M. Court No. 4 Hardoi in the light of judgment of Hon'ble Supreme Court Gian Singh Vs. State of Punjab and it is further prayed that during pendency of present case criminal proceeding may kindly be stayed.
4. The learned counsel for the applicant submits that due to certain misunderstanding, the instant FIR was lodged against the applicant and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 26.06.2023. He added that thereafter the applicant filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 26.06.2023, the verification was done and report has been submitted to this Court vide order dated 23.05.2023. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No. C-6 of 2002 may be quashed.
5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicant and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicant the applicant may be dropped.
6. Learned counsel for the State has no objection to the contention aforesaid.
7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on26.06.2023 and said compromise has been verified on26.06.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No.C-6 of 2002.
8. In view of the above, as the applicant and opposite parties have entered into compromise on26.06.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
9. Accordingly, criminal proceedings of Case No. 8867 of 2018 relating to Charge Sheet No. 181 of 2002 U/s 363, 366 I.P.C. arising out of Case Crime No. C-6/2002 State Vs. Mohabbatullah pending in the court of A.C.J.M. Court No. 4 Hardoi are hereby quashed.
10. The compromise shall be part of this order.
11. The application is allowed accordingly.
12. Consigned to record.
Order Date :- 20.7.2023
Mayank
